07-19-2013.txt

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Author:
Anonymous
ID:
227644
Filename:
07-19-2013.txt
Updated:
2013-07-20 00:01:21
Tags:
ca bar misc notes
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Description:
ca bar misc notes 7-19-2013
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  1. What is a collateral matter?
    • 1) immaterial to the issues in the case
    • 2) says nothing about the credibilty of the witness, except to just contradict him
  2. when is foundation requirement (admit/deny) required?
    • impeachment with
    • 1) prior inconsistent statement
    • 2) bias/motive
  3. non-hearsay exemption
    • 1) prior inconsistent statement
    • 2) admission by party opponent
    • 3) prior consistent statement offered to rebut a charge of recent fabrication or improper influence
    • 4) prior identification of a person made after perceiving the person
  4. common scheme or development
    • implied reciprocal negative covenant
    • can only be for a NEGATIVE covenant (refrain from doing something).
    • cannot imply an obligation to affirmatively do something.
  5. equitable servitude
    • an equitable servitude is a covenant that, regardless of whether it runs with the land, equity will enforce against successors
    • WITN
  6. what is marketable title?
    marketable title is title that is reasonably free from doubt, that a reasonably prudent buy would be willing to accept.
  7. can land acquired by adverse possession provide marketable title?
    no
  8. fixture definition?
    chattel that has beeen so affixed to land that it has become part of the realty
  9. when tenant installs chattel onto the land, what factors tell whether it's a fixture?
    • 1) nature of the article
    • 2) manner in which it is attached to the land
    • 3) amount of damage that would be caused by its removal
    • 4) adaptation of the item to the use of the realty

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